Philips v. Hosford
Supreme Court of Iowa
Appeal from Clinton Circuit Court PLEADING — WAIVER. Action at law. The original petition alleges that plaintiff sold to defendant certain real estate and received in payment therefor stock to the amount of $2,500 in a corporation ; that defendant was a large stockholder and president of the corporation, and for that reason was fully acquainted with its condition and the value of its stock, and that plaintiff had no means of knowledge upon the subject; that plaintiff,…
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Appeal from Clinton Circuit Court PLEADING — WAIVER. Action at law. The original petition alleges that plaintiff sold to defendant certain real estate and received in payment therefor stock to the amount of $2,500 in a corporation ; that defendant was a large stockholder and president of the corporation, and for that reason was fully acquainted with its condition and the value of its stock, and that plaintiff had no means of knowledge upon the subject; that plaintiff, knowing defendant’s means of knowledge, relied upon his representations ; that defendant, to induce plaintiff to take the…
1Opinion of the Court
Beck, Ch. J.
The only objection presented for our consideration is based upon the ruling of the court in sustaining defendant’s demurrer to the second count, or first amendment to the plaintiff’s petition. After decision upon the demurrer, the pleading assailed was amended, and thus, in its, averments, made to conform to the ruling of the court. Thereupon issue was taken upon the petition, as it stood after the two amendments, and a trial had resulting in a verdict and j udgment for defendant.
It has been repeatedly held by this court that objections to the ruling upon a demurrer is waived by…
2Cases cited1 opinion
- Smith v. Cedar Falls & Minnesota R. R.Supreme Court of Iowa · 1870
3Cited by2 opinions
- Marshall Ice Co. v. LaPlantSupreme Court of Iowa · 1907
- Scholl v. Brad Street Co.Supreme Court of Iowa · 1892